What About Law?
Studying Law at University

About What About Law?

”What About Law?’ succeeds where so many legal guidebooks fail … [it] skilfully demystifies the law and ably proves its argument. The law is, indeed, all around us – and this book will whet your appetite to find out how and why.’ – Alex Wade, The Times (of the previous edition)Law is one of the few subjects that the school leaver, choosing a degree course, will have very little real understanding of. This book comes to the rescue by clearly setting out what a prospective law student can expect and why a student should choose to study law.This new edition is updated to reflect the reality of studying law today, highlighting changes due to Brexit and reforms to constitutional law. The book covers the compulsory subjects every law student has to study: contract, criminal, property and trusts law, and brings them up to date. With a clear core structure and approach it takes a case from each of these subjects to illustrate legal issues and methodology. The writing style is accessible and has the audience – novices to law – firmly in mind.What About Law? shows how the study of law can be fun, intellectually stimulating and challenging. It introduces prospective students to the legal system, legal reasoning, critical thinking and argument. Written by a team of experienced teachers, this book should be read by every student about to embark on the study of law.

Table Of Contents

1. Introduction to LawCatherine Barnard, Janet O’Sullivan and Graham Virgo, all University of Cambridge, UKSTARTING TO THINK ABOUT LAWTHE TOOLSLEGAL METHODINTERPRETATIONIMAGINATIONGENERALISATIONPOLICY UNDERPINNING THE RULEONE FINAL EXAMPLECONCLUSIONS2. Criminal LawGraham Virgo, University of Cambridge, UKTHE ELEMENTS OF A CRIMETHE REASONS FOR PUNISHMENTREASONS FOR CHARACTERISING CONDUCT AS CRIMINALFACTS OF BROWNTHE KEY OFFENCESTHE ISSUE IN BROWNAPPLICATION OF THE DECISIONTHE DISSENTING JUDGESTHEORY: AUTONOMY VERSUS WELFARESUBSEQUENT EVENTS: MOTIVE AND RISKHUMAN RIGHTSLAW REFORMCONCLUSIONS3. Law of Contract 59Janet O’Sullivan, University of Cambridge, UKINTRODUCTIONSOME CRUCIAL IDEAS ABOUT CONTRACTUAL REMEDIESTHE CASETHE HOUSE OF LORDS DECISION IN MORE DETAILWHAT HAS HAPPENED SINCE RUXLEY?WHAT IF THE BUILDER HAD SAVED MONEY BY BREACHING THE CONTRACT?CONCLUSION4. Tort 89Tony Weir, revised by Janet O’Sullivan, University of Cambridge, UKTHE MOST FAMOUS TORT CASETHE ‘DUTY’ QUESTIONTHE KIND OF HARMDAMAGE AND LOSSRECOVERY FOR PURE FINANCIAL HARMAPPLICATION IN MCFARLANEFAIR, JUST AND REASONABLETHE REASONS GIVEN IN MCFARLANETHE SPEECH OF LORD STEYNDISTRIBUTIVE JUSTICEPSYCHIATRIC HARMEFFECT ON THIRD PARTIESTORT AS DETERRENCEDETERRENCE AND COMPENSATIONTWO EXAMPLESSTATUTES AND JUDGE-MADE LAWTHE EFFECT OF MCFARLANEDAMAGE AND THE INVASION OF RIGHTSTHE UNWANTED BABY ABROADCONCLUSION5. Land LawKevin Gray, University of Cambridge, UKINTRODUCTIONTHE PROBLEM OF PROPERTYTHE CASE (CHHOKAR V CHHOKAR)CONCLUSION6. Equity and TrustsGraham Virgo, University of Cambridge, UKWHAT IS EQUITY?THE CONTRIBUTION OF EQUITYTYPES OF TRUSTTHE FACTS OF FOSKETT V MCKEOWNTHE POSSIBLE SOLUTIONSIDENTIFICATION AND APPLICATION OF RULES AND PRINCIPLESCONCLUSIONS7. Constitutional LawMark Elliott, University of Cambridge, UKPROLOGUETHE MILLER II CASECONCLUSIONS8. EU Law, Brexit and International TradeCatherine Barnard, University of Cambridge, UKTHE WORLD TRADING REGIMECASSIS DE DIJONBREXITCONCLUSIONS9. Conclusions: Drawing Some Threads TogetherJanet O’Sullivan, Catherine Barnard and Graham Virgo, all University of Cambridge, UK